Gujarat High Court
Kantibhai Narsibhai Satvara Thro ... vs State Of Gujarat on 29 June, 2021
Bench: Gita Gopi
R/SCR.A/9810/2019 ORDER DATED: 29/06/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9810 of 2019
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KANTIBHAI NARSIBHAI SATVARA THRO JAYABEN KANTIBHAI SATVARA
Versus
STATE OF GUJARAT
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Appearance:
MR K S CHANDRANI(6674) for the Applicant(s) No. 1
for the Respondent(s) No. 2,3
MS MONALI BHATT, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 29/06/2021
ORAL ORDER
RULE. Learned Additional Public Prosecutor waives service of
notice of rule on behalf of the respondents. With the consent of both the
sides, the matter is taken up for final hearing today.
1. By way of this petition filed through his wife, the petitioner-
convict has prayed to issue appropriate directions to the respondent-
authority to decide the application dated 20.05.2019 preferred by the
petitioner-convict for remission.
2. Learned advocate Mr. Thakar appearing for learned advocate Mr.
K.S. Chandrani for the petitioner submitted that the petitioner and other
accused were convicted by the trial Court concerned for the offences
punishable under Section 302 of IPC and other offences and were
sentenced to undergo imprisonment for life and fine, by judgment and
order dated 30.11.2006 passed in Sessions Case No.2 of 1991. Against
R/SCR.A/9810/2019 ORDER DATED: 29/06/2021
the said judgment and order of conviction and sentence, the petitioner and
others had preferred appeal before this Court. By judgment and order
dated 11.02.2016 passed by the Division Bench of this Court in Criminal
Appeal No.194 of 2007, the conviction under Section 302 of IPC was
altered to Section 304 Part-1 of IPC and the petitioner and other convicts
were sentenced to undergo imprisonment for a period of 10 years while
confirming the rest of the order of punishment. Against the judgment and
order passed by this Court, the convicts had preferred Special Leave
Petition (Criminal) Diary No.44057 of 2018 before the Apex Court,
which came to be dismissed by order dated 02.01.2019.
2. The learned advocate submitted that the petitioner-convict had
made representation dated 20.05.2019 before the authority concerned
seeking remission; however, the said representation has remained
undecided as no orders have been passed upon it.
3. Heard learned advocates on both the sides. The respondent No.3
Jail authority has filed affidavit-in-reply wherein it has been stated that a
Committee has been constituted by the Home Department, Government
of Gujarat on 27.06.2019 for the purpose of considering similar
applications filed by convicts seeking remission. The District Magistrate,
Superintendent of Police and Superintendent of Jail are the Members of
said Committee. The representation / application of the petitioner seeking
remission was made on 20.05.2019 and no orders have been passed till
date on such representation / application.
4. Considering the facts of the case and the averments made in the
affidavit-in-reply, the respondent-authorities are directed to consider the
representation / application dated 20.05.2019 preferred by the petitioner
R/SCR.A/9810/2019 ORDER DATED: 29/06/2021
for remission and to decide the same in accordance with law within a
period of THREE MONTHS from the date of receipt of writ of this order.
With the above direction, the petition stands disposed of. Rule is made
absolute to the above extent.
( GITA GOPI, J )
PRAVIN KARUNAN
